Access

Access is the time a child spends with a parent they do not live with. This page explains how it works in Malta. Article numbers refer to the Civil Code unless stated, and “regulations” refers to the Family Court Proceedings Regulations, 2026.

How access is arranged

Whoever the children live with, both parents keep the right to watch over their maintenance and education, and remain bound to contribute to them (article 57). The court decides the time, place and manner of access according to the circumstances (article 57). In the meantime, while a case is going on, the court decides access at the request of either parent, with the children’s best interests in mind (regulation 32).

Parents can also agree arrangements between themselves, through mediation. If you reach agreement on access, you file a joint application and the court, once satisfied that the agreement is fair and in the best interests of everyone, issues a decree (regulation 28).

Access is a right and an obligation

The right of access also creates an obligation. The parent who asked for access, or who has been given it, is obliged to exercise it, and the other parent is obliged to provide it (regulation 32).

• If access is not exercised. The court can withdraw the right of access where the parent granted it fails to exercise it without reasonable cause (article 57).
• If access is refused or not followed. Any breach, whether of the obligation to provide access or of the obligation to carry it out, is treated as a breach of a decree of the court (regulation 32). The other parent can apply to the court about it, and the court can make orders to ensure compliance and, where there are repeated breaches and no good reason, can suspend a parent’s rights, in proportion to the breach (regulations 34 and 50).
• Criminal offences. Refusing, without just cause, to give a child access when ordered by a court or bound by contract, is a criminal contravention. So is failing, without just cause, to exercise access or to take a child into your care or return the child at the time ordered or agreed. Repeated breaches against the same person can be treated as one continuous offence (Criminal Code, articles 338(ll) and (nn), and 338A).

When the court can limit or refuse access

The court can entirely forbid access to minor children where it would be detrimental to their welfare or to the welfare of one of the parents (article 57). The right of a parent to watch over their children’s maintenance and education can also be suspended if exercising it would put the children or the other parent at risk of harm (article 57). Where there is evidence of domestic violence, the court may limit or deny access if it would put the children or the other parent at risk (article 47). It can issue protection orders, and an application where domestic violence is involved is heard within four days (article 37).

If you are worried about access

Whether you want more time with your children or are worried about contact, you can start with a conversation. We can explain what the court can order, and what to do if an order is not being followed.